117 F. Supp. 3d 854
N.D. Miss.2015Background
- On July 23, 2013 Officer Scott Hagerman responded to a traffic accident involving Eugenia Campbell; her grandson Demetrius arrived and approached the scene.
- A disputed encounter followed: Hagerman told Demetrius to leave; Hagerman says Demetrius "shoulder-butted" him; Demetrius and Eugenia deny contact. Hagerman then pushed and applied a neck "pressure point" hold to Demetrius; Eugenia intervened and was shoved to the ground.
- Demetrius fled, was pursued, placed in a headlock, taken to the ground, handcuffed, and—according to plaintiffs—choked even after handcuffing. Demetrius was initially convicted in municipal court; the convictions were later reversed by the county circuit court.
- Plaintiffs sued under 42 U.S.C. § 1983 (Fourth and Fourteenth Amendment excessive-force and due-process theories), state-law claims (assault & battery, IIED, negligent hiring/training/supervision), and sought injunctive relief. Defendants moved for summary judgment raising collateral estoppel, Heck, qualified immunity, and municipal-supervisory defenses.
- The court denied collateral estoppel (no privity shown with state prosecution), found a triable Fourth Amendment excessive-force claim by Demetrius against Hagerman in his individual capacity, denied qualified immunity for Hagerman on that claim, granted summary judgment on municipal § 1983 supervisory claims (City and officials in official capacity), and dismissed Eugenia’s § 1983 claims against Hagerman individually for lack of intent. The state-law claims and other individual-capacity claims largely survived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Collateral estoppel from state probable-cause finding | Judge Smith’s finding that Hagerman did not intend to cause injury should preclude relitigation | State probable-cause ruling is preclusive | Denied — defendants failed to show privity/identity of parties required under Mississippi law |
| Excessive force (Demetrius) — constitutional violation | Force used (neck hold, takedown, continued choking) violated Fourth Amendment reasonableness | Force was a lawful response to noncompliance and alleged shoulder-butt; officer safety justified force | Found triable Fourth Amendment excessive-force claim for Demetrius — facts construed for plaintiff |
| Qualified immunity (Hagerman) | Not applicable because force was unconstitutional and right was clearly established | Officer entitled to qualified immunity (relies on analogous cases) | Denied — right to be free from gratuitous neck restraint was clearly established; factual dispute on threat precluded immunity |
| Municipal/supervisory liability (City, Chief O’Bannon, mayor in official capacity) | City failed to hire/train/supervise leading to constitutional violations | No policy/custom or deliberate indifference shown | Granted as to § 1983 supervisory/official-capacity claims — plaintiffs produced no evidence of inadequate policies or deliberate indifference |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary-judgment allocation of proof)
- Graham v. Connor, 490 U.S. 386 (1989) (excessive-force claims arising from arrest or investigatory stop are analyzed under Fourth Amendment reasonableness)
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (qualified immunity standard)
- Norwegian Bulk Transp. A/S v. Int’l Marine Terminals P’ship, 520 F.3d 409 (5th Cir. 2008) (summary judgment standard in Fifth Circuit)
- Lytle v. Bexar County, 560 F.3d 404 (5th Cir. 2009) (two-step qualified immunity analysis applying Saucier)
- Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015) (objective reasonableness and totality-of-circumstances in force analyses)
- Griffith v. Coburn, 473 F.3d 650 (6th Cir. 2007) (neck/vascular restraint can be a severe intrusion violating clearly established law)
- Hollis v. Hollis (Upton), 650 So.2d 1371 (Miss. 1995) (Mississippi collateral estoppel requirements)